Category Archives: Legal

Check your Will. Now!!

If you had a will written in the year after your husband left you, I suggest you go and look at it now.  And I mean NOW!

I had one professionally drawn up within that time period, brought it home, tucked it away safely in my firesafe and have never looked at it since.

Until yesterday, when,  due to certain new circumstances in my life, I had a reason to look at it again.

And I was horrified.

I was in the middle of a nervous breakdown when I drew up the will.  I clearly wasn’t thinking straight.  And although the responsibility for its contents ultimately lies on my shoulders, how on earth did my lawyer allow me to draw up a document like that?!

In short, when it came to bequests, I had put in dollar amounts rather than percentages.  It means that if I died today – two years after the final divorce settlement and monies came through – then two of my friends would get more than three times the money left to my kids.

And that is NOT what I want to happen.

So here’s my advice for this weekend.

Haul out your will and read through it.  Does it still match your wishes and circumstances?

If it does, that’s great. 

If not, get yourself to a lawyer asap and get it changed.

Be very – very – careful of the wording if you are leaving amounts of money in dollar amounts rather than percentages. 

Review your will once a year to ensure it matches your current circumstances.

What’s in a name?

Deciding to change your name is a very personal decision. Although I loved being a wife and (love being) a mother, my feeling was that if my ex didn’t want me, I no longer wanted to carry his name. Embarking on my own Shirley Valentine quest to try and rediscover the me I used to be, I would do it with my ‘own’ name.

One reaction I got from someone who had only ever known me by my married name was very inspiring.  They claimed my own name sounded like a character from a Robert Louis Stevenson novel and told me to, “Go out and be the heroine of your own story.”

So what does changing your name actually involve?  When I married in the late 70s it was easy.  I had one bank account, a driver’s licence and a passport.  Done and dusted.

Now, 40 years later, it’s more complicated.  Some of it is costly, some of it’s not.  So how do you go about it?

No matter where you live, the most important thing to start with is to collect ALL of your ORIGINAL documents; birth certificate, marriage certificate and divorce certificate.  (Some people are tempted to dispose of the latter.  Don’t!)

After that, it will depend where you live.  I live in Canada, so this is how I proceeded.

  1. Driver’s Licence.  I took along all 3 certificates and got my new driver’s licence at my local AMA office. (Free)
  2. Once I had my driver’s licence for ID, I was able to change my provincial Health Care Card.  I also did that at the AMA office.  (Free)
  3. I then visited the bank with my new ID and all three original certificates and changed all my account info including credit cards etc.  (Free.)  I also have a bank account in the UK, so I needed to visit the bank with all three ORIGINAL certificates to have that changed.  (Free – except for the cost of getting there!)  This applied to my bank, it may not be the same with others, so check out what you need with your branch.
  4. Social Insurance Number.  This is where original documents are so important, especially if you were born or married overseas.  This was done at my local government office. (Free) They assured me the change would automatically be transferred over to the Taxation Agency, but it’s a good idea to…
  5. … contact your Taxation Agency and confirm that has been done.  Especially before you file your annual taxes. (Free)
  6. Passport.  Ironically I needed less ID for my passport than my Social Insurance Number – they didn’t need my marriage certificate.  Fortunately my passport was up for renewal anyway, so it only cost me the normal amount.
  7. House title.  I’ve still to do that, so I’m not sure what the cost will be.
  8. Then come other important considerations:  car ownership, car insurance, house insurance etc.  These were all free and done at my local AMA office.
  9. Then the minor things – library cards, loyalty reward cards, membership cards. Most of these will be free.
  10. Time share property.  I co-own an overseas timeshare property with my daughter – who is also my executor.  They need original documents AND it will cost approximately $300 to change my name on our joint title.  I will do that on our next visit to the property.

There are probably other things which I haven’t factored in, but I believe these are the most common.  In general, it’s not an expensive undertaking, but it is time-consuming, and here I am, two years after beginning the process, still catching things every so often.

Was it worth it?  I have friends who kept their married names and are perfectly happy about their decisions.  But for me, changing my name has helped me move forward.

One of the last scenes in Shirley Valentine is when her husband passes her on the beach.  She calls out his name and he stops, surprised.
“I didn’t recognise you,” he says.
“I know,” she replies. “I used to be The Mother.  I used to be The Wife.  Now I’m Shirley Valentine again.”

 

Runaway Husbands

RUNAWAY HUSBANDS: The Abandoned Wife’s Guide to Recovery and Renewal by Vikki Stark.

Website: http://runawayhusbands.com

I love this book. It was my ‘bible’ in those first few months after my husband walked out on me, assuring me I was not alone, and talking me through the healing process. Even now, two years later, I’ll pick it up, and read through a few pages. There’s always something in there that helps me see how far I’ve come, in both practical and emotional ways, but still acknowledges the hurt and loss that will probably – to some extent – always be with me.

Written by a therapist, who was blindsided when she found herself in the same situation as so many of us, she gathered together the stories and thoughts of over 400 women who had also been abandoned. Patterns emerge throughout the book, both of pain and healing. You – and we – are not alone. Other women have walked this path before us. Their stories are painfully recognizable… and their healing and transformation inspiring. Continue reading

Legal Realities

By the time a settlement was reached, almost four years from the start, I had retained three lawyers and spent a staggering amount of money on legal fees. In Canada, for the most part, a divorce can be accomplished with minimal use of lawyers, a do-it-yourself kind of thing. If I had known then what I know now….no, I would still retain a lawyer, but I would also be more aware of just what a lawyer can and cannot do.

Each of my lawyers was capable and supportive. They all followed procedure, trying to get everything in place within the guidelines of divorce law to bring us to an agreement for the division of assets. However, my husband did not want to come to an agreement; he wanted his idea of an agreement or none at all. He refused to disclose his assets. The next three years were an endless trail of emails, phone calls, court orders, even mediation. No settlement, not even close. Continue reading